42.02 VEGETATION PROTECTION OVERLAY - …

1 VEGETATION PROTECTION OVERLAY . 12/12/2017. VC138. Shown on the planning scheme map as VPO with a number. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To protect areas of significant VEGETATION . To ensure that development minimises loss of VEGETATION . To preserve existing trees and other VEGETATION . To recognise VEGETATION PROTECTION areas as locations of special significance, natural beauty, interest and importance. To maintain and enhance habitat and habitat corridors for indigenous fauna. To encourage the regeneration of native VEGETATION .

2 VEGETATION significance and objective 19/01/2006. VC37. A schedule to this OVERLAY must contain: A statement of the nature and significance of the VEGETATION to be protected. The VEGETATION PROTECTION objective to be achieved. Permit requirement 15/09/2008. VC49. A permit is required to remove, destroy or lop any VEGETATION specified in a schedule to this OVERLAY . This does not apply: If the table to Clause specifically states that a permit is not required. To the removal, destruction or lopping of native VEGETATION in accordance with a native VEGETATION precinct plan specified in the schedule to Clause Table of exemptions 12/12/2017. VC138. The requirement to obtain a permit does not apply to: Emergency works VEGETATION that is to be removed, destroyed or lopped: in an emergency by, or on behalf of, a public authority or municipal council to create an emergency access or to enable emergency works; or where it presents an immediate risk of personal injury or damage to property.

3 Only that part of the VEGETATION that presents the immediate risk may be removed, destroyed or lopped under this exemption. VEGETATION PROTECTION OVERLAY PAGE 1 OF 5. The requirement to obtain a permit does not apply to: Fire PROTECTION VEGETATION that is to be removed, destroyed or lopped to the minimum extent necessary to enable the carrying out of any of the following fire PROTECTION activities: fire fighting;. planned burning;. making or maintenance of a fuelbreak or fire fighting access track (or any combination thereof) that does not exceed a combined width of 6 metres;. making a strategic fuelbreak up to 40 metres wide by, or on behalf of, a public authority in accordance with a strategic fuelbreak plan approved by the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987).

4 Is ground fuel within 30 metres of a building and is VEGETATION other than native VEGETATION ;. in accordance with a fire prevention notice issued under either: Section 65 of the Forests Act 1958; or Section 41 of the Country Fire Authority Act 1958. keeping VEGETATION clear of, or minimising risk of bushfire ignition from, an electric line in accordance with a code of practice prepared under Part 8 of the Electricity Safety Act 1998;. minimising the risk to life and property from bushfire on a roadside of a public road managed by the relevant responsible road authority, and carried out by, or on behalf of that authority in accordance with the written agreement of the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987).

5 In this exemption, roadside, public road and responsible road authority have the same meanings as in section 3 of the Road Management Act 2004. Note: Additional permit exemptions for bushfire PROTECTION are provided at Clause Geothermal VEGETATION that is to be removed, destroyed or lopped to the energy minimum extent necessary in accordance with an operation plan exploration and approved under the Geothermal Energy Resources Act 2005. extraction Greenhouse gas VEGETATION that is to be removed, destroyed or lopped to the sequestration minimum extent necessary in accordance with an operation plan and exploration approved under the Greenhouse Gas Geological Sequestration Act 2008.

6 Land management VEGETATION that is to be removed, destroyed or lopped to the and directions minimum extent necessary to comply with a land management notice notice or directions notice served under the Catchment and Land PROTECTION Act 1994. Land use VEGETATION that is to be removed, destroyed or lopped to the conditions minimum extent necessary to comply with a land use condition served under the Catchment and Land PROTECTION Act 1994. VEGETATION PROTECTION OVERLAY PAGE 2 OF 5. The requirement to obtain a permit does not apply to: Mineral VEGETATION that is to be removed, destroyed or lopped to the exploration and minimum extent necessary by the holder of an exploration, mining, extraction prospecting, or retention licence issued under the Mineral Resources (Sustainable Development) Act 1990: that is low impact exploration within the meaning of Schedule 4A of the Mineral Resources (Sustainable Development) Act 1990; or in accordance with a work plan approved under Part 3 of the Mineral Resources (Sustainable Development) Act 1990.

7 Note: Schedule 4A of the Mineral Resources (Sustainable Development) Act 1990 specifies limits on the extent of native VEGETATION that may be removed as part of low impact exploration. Noxious weeds VEGETATION that is a noxious weed subject of a declaration under section 58 or section 58A of the Catchment and Land PROTECTION Act 1994. This exemption does not apply to Australian Dodder (Cuscuta australis). Pest animal VEGETATION that is to be removed, destroyed or lopped to the burrows minimum extent necessary to enable the removal of pest animal burrows. In the case of native VEGETATION the written agreement of an officer of the department responsible for administering the Flora and Fauna Guarantee Act 1988 is required before the VEGETATION can be removed, destroyed or lopped.

8 Planted VEGETATION VEGETATION that is to be removed, destroyed or lopped that was either planted or grown as a result of direct seeding for Crop raising or Extensive animal husbandry. Railways VEGETATION that is to be removed, destroyed or lopped to the minimum extent necessary to maintain the safe and efficient function of an existing railway, or railway access road, in accordance with the written agreement of the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987). Regrowth VEGETATION that is to be removed, destroyed or lopped that has naturally established or regenerated on land lawfully cleared of naturally established VEGETATION , and is: bracken (Pteridium esculentum); or within the boundary of a timber production plantation, as indicated on a Plantation Development Notice or other documented record, and has established after the plantation.

9 This exemption does not apply to land on which VEGETATION has been destroyed or otherwise damaged as a result of flood, fire or other natural disaster. Road safety VEGETATION that is to be removed, destroyed or lopped to the minimum extent necessary by and on behalf of a public authority or munciple council to maintain the safe and efficient function of an existing public road in accordance with the written agreement of the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987). VEGETATION PROTECTION OVERLAY PAGE 3 OF 5. The requirement to obtain a permit does not apply to: Stone exploration VEGETATION is to be removed, destroyed or lopped to the minimum extent necessary to enable the carrying out of Stone exploration.

10 The maximum extent of VEGETATION removed, destroyed or lopped under this exemption on contiguous land in the same ownership in a five year period must not exceed any of the following: 1 hectare of VEGETATION which does not include a tree. 15 trees with a trunk diameter of less than 40 centimetres at a height of metres above ground level. 5 trees with a trunk diameter of 40 centimetres or more at a height of metres above ground level. This exemption does not apply to costeaning and bulk sampling activities. Stone extraction VEGETATION that is to be removed, destroyed or lopped to the minimum extent necessary to enable the carrying out of Stone extraction in accordance with a work plan approved under the Mineral Resources (Sustainable Development) Act 1990 and authorised by a work authority granted under that Act.